A San Jose police officer fatally shot a man, a patient of mental illness after he charged at the officer with an axe during a confrontation at a San Jose apartment complex.

Police Chief Eddie Garcia said that they got a report of disturbance at a unit in the complex on early Sunday. Arriving to the scene they noticed flames and smoke coming from underneath the door.

When officers opened the door with force they were confronted by an axe-wielding suspect. The man initially dropped the weapon, but he did not comply with the officers’ commands.

The officers then tried to subdue the man with a stun gun, which had no effect on him. The suspect man then picked up the axe and moved towards the officers prompting an officer to shoot him.

The suspect was taken to a nearby hospital, where he was later pronounced dead. His identity will not be revealed, until the Santa Clara County Coroner’s office confirms the man’s identity and notifies his next of kin.

Records showed that, the suspect had been committed to a mental institution and has a criminal record indulging in violence, weapons and drugs charges.

The officer who fatally shot the man has been placed on leave pending the investigation. The officer has been with the department for two years.

The Police Chief defended the officer’s actions. Garcia said that the officer tried to diffuse a tense situation by trying to speak to the suspect and use nonlethal means to subdue him.

“He was left with no other choice,” Garcia said. “This officer responded bravely, and almost certainly saved himself and his fellow officers from grave danger, in response to an almost impossible situation.”

Anyone with information regarding the incident is asked to contact San Jose police detectives Mike Montonye or Jason Tanner at (408) 277-5283.

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